On Monday the high court will begin deliberations on Kentucky planned executions. Ralph Baze shot a sheriff and his deputy in the back killing both for trying to serve a warrant. Thomas Bowling killed a married couple in front of their two year old child. These men are arguing that lethal injections cause "deceptively painful deaths", thus infringing on the the convicts 8th ammendment rights.
In the past the court has declared that the 8th ammendment prohibits unnecessary and wanton infliction of pain. This case could boil down to Justice Kennedy, who in 2005 wrote a 5-4 opinion banning the executions of juvenile offenders.
Capital punishment is applied in 36, all but one of which, Nebraska, use lethal injection. Seventeen states, including Texas, Florida and Idaho, have offered briefs supporting the Kentucky's position. The most commeon lethal injection method was first applied in Oklahoma in 1977. These include three shots applied in succession, the first is pancuronium bromide which eliminates convulsions and thus provides a dignified death to the inmate and execution, the next two complete the objective.
- The past decision by the Supreme Court, applying the 8th Ammendment, therefore judgement on manners of execution was incorrect and has led to what amounts to a continuous federal interference with states rights.
- There are problems with with convictions, as we have seen with where DNA has exonerated wrongly convicted persons. This is often an argument for avoiding capital punishment, but I do not see it. Captital punishment is not haphazardly applied, juries struggle with the guilt issue then judges are bound by rules set forth by their states.
- Punishment should be a reflection of the crime, and guilt is decided by a jury of citizens. Biblical passages suggest punishment that is proportional. If proportion is acheived, why is the amount of pain an issue? And, for the convicted, wouldn't fear of the execution have the most impact on the convicted?
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